AB100, s. 5061
10Section
5061. 767.47 (11) of the statutes is created to read:
AB100,1875,1311
767.47
(11) Bills for services or articles related to the pregnancy, childbirth or
12genetic testing may be admitted into evidence and are prima facie evidence of the
13costs incurred for such services or articles.
AB100, s. 5062
14Section
5062. 767.475 (2) of the statutes is amended to read:
AB100,1875,1615
767.475
(2) Presumption of paternity shall be as provided in ss. 891.39, 891.405
16and 891.41
(1).
AB100, s. 5063
17Section
5063. 767.477 of the statutes is created to read:
AB100,1875,24
18767.477 Temporary orders. (1) At any time during the pendency of an action
19to establish the paternity of a child, if genetic tests show that the alleged father is
20not excluded and that the statistical probability of the alleged father's parentage is
2199.0% or higher, on the motion of a party, the court shall make an appropriate
22temporary order for the payment of child support and may make a temporary order
23assigning responsibility for and directing the manner of payment of the child's health
24care expenses.
AB100,1876,6
1(2) Before making any temporary order under sub. (1), the court shall consider
2those factors that the court is required under s. 767.51 to consider when granting a
3final judgment on the same subject matter. If the court makes a temporary child
4support order that deviates from the amount of support that would be required by
5using the percentage standard established by the department under s. 49.22 (9), the
6court shall comply with the requirements of s. 767.51 (5d).
AB100, s. 5064
7Section
5064. 767.48 (1) (a) of the statutes is amended to read:
AB100,1876,188
767.48
(1) (a) The court may, and upon request of a party shall, require the
9child, mother, any male for whom there is probable cause to believe that he had
10sexual intercourse with the mother during a possible time of the child's conception,
11or any male witness who testifies or will testify about his sexual relations with the
12mother at a possible time of conception to submit to genetic tests. Probable cause of
13sexual intercourse during a possible time of conception may be established by a
14sufficient petition or affidavit of the child's mother filed with the court, or after an
15examination under oath of a complainant or witness, when the court determines
16such an examination is necessary.
The court is not required to order a person who
17has undergone a genetic test under s. 49.225 to submit to another test under this
18paragraph unless a party requests additional tests under sub. (2).
AB100, s. 5065
19Section
5065
. 767.48 (1) (a) of the statutes, as affected by 1997 Wisconsin Act
20.... (this act), is amended to read:
AB100,1877,621
767.48
(1) (a) The court may, and upon request of a party shall, require the
22child, mother, any male for whom there is probable cause to believe that he had
23sexual intercourse with the mother during a possible time of the child's conception,
24or any male witness who testifies or will testify about his sexual relations with the
25mother at a possible time of conception to submit to genetic tests. Probable cause of
1sexual intercourse during a possible time of conception may be established by a
2sufficient petition or affidavit of the child's mother
or an alleged father, filed with the
3court, or after an examination under oath of a
complainant party or witness, when
4the court determines such an examination is necessary. The court is not required to
5order a person who has undergone a genetic test under s. 49.225 to submit to another
6test under this paragraph unless a party requests additional tests under sub. (2).
AB100, s. 5066
7Section
5066. 767.48 (1m) of the statutes is amended to read:
AB100,1877,118
767.48
(1m) Under sub. (1), if the
If genetic tests
ordered under this section or
9s. 49.225 show that the alleged father is not excluded and that the statistical
10probability of the alleged father's parentage is 99.0% or higher, the alleged father
11shall be rebuttably presumed to be the child's parent.
AB100, s. 5067
12Section
5067. 767.48 (4) of the statutes is amended to read:
AB100,1877,2513
767.48
(4) Whenever the results of
the genetic tests exclude
the an alleged
14father as the father of the child, this evidence shall be conclusive evidence of
15nonpaternity and the court shall dismiss
the any paternity action
with respect to that
16alleged father. Whenever the results of
the
genetic tests exclude any male witness
17from possible paternity, the tests shall be conclusive evidence of nonpaternity of the
18male witness. Testimony relating to sexual intercourse or possible sexual
19intercourse of the mother with any person excluded as a possible father, as a result
20of a genetic test, is inadmissible as evidence. If any party refuses to submit to a
21genetic test, this fact shall be disclosed to the fact finder.
This refusal Refusal to
22submit to a genetic test ordered by the court is a contempt of the court for failure to
23produce evidence under s. 767.47 (5). If the action was brought by the child's mother
24but she refuses to submit herself or the child to genetic tests, the action shall be
25dismissed.
AB100, s. 5068
1Section
5068. 767.48 (5) (a) of the statutes is amended to read:
AB100,1878,42
767.48
(5) (a)
At Except as provided in par. (b), at the close of the proceeding
3the court may order either or both parties to reimburse the county if the court finds
4that they have sufficient resources to pay the costs of the genetic tests.
AB100, s. 5069
5Section
5069. 767.48 (5) (b) of the statutes is amended to read:
AB100,1878,96
767.48
(5) (b) If 2 or more identical series of genetic tests are performed upon
7the same person,
regardless of whether the tests were ordered under this section or
8s. 49.225 or 767.458 (2), the court may require the person requesting the 2nd or
9subsequent series of tests to pay for it in advance.
AB100, s. 5070
10Section
5070
. 767.48 (5) (b) of the statutes, as affected by 1997 Wisconsin Act
11.... (this act), is amended to read:
AB100,1878,1612
767.48
(5) (b) If 2 or more identical series of genetic tests are performed upon
13the same person, regardless of whether the tests were ordered under this section or
14s. 49.225 or 767.458 (2), the court
may shall require the person requesting the 2nd
15or subsequent series of tests to pay for it in advance
, unless the court finds that the
16person is indigent.
AB100, s. 5071
17Section
5071. 767.51 (1) of the statutes is amended to read:
AB100,1878,1918
767.51
(1) The A judgment or order of the court determining the existence or
19nonexistence of paternity is determinative for all purposes.
AB100, s. 5072
20Section
5072. 767.51 (2) of the statutes is amended to read:
AB100,1878,2521
767.51
(2) The clerk of court shall file with the state registrar, within 30 days
22after the entry of
the order or a judgment
or order determining paternity, a report
23showing the names, dates and birth places of the child and the father and the maiden
24name of the mother on a form designated by the state registrar, along with the fee
25set forth in s. 69.22 (5), which the clerk of court shall collect.
AB100, s. 5073
1Section
5073
. 767.51 (2) of the statutes, as affected by 1997 Wisconsin Act ....
2(this act), is amended to read:
AB100,1879,83
767.51
(2) The clerk of court shall file with the state registrar, within 30 days
4after the entry of a judgment or order determining paternity, a report showing the
5names, dates and birth places of the child and the father
, the social security numbers
6of the mother, father and child and the maiden name of the mother on a form
7designated by the state registrar, along with the fee set forth in s. 69.22 (5), which
8the clerk of court shall collect.
AB100, s. 5074
9Section
5074. 767.51 (3) of the statutes is amended to read:
AB100,1880,310
767.51
(3) The A judgment or order
determining paternity may contain any
11other provision directed against the appropriate party to the proceeding, concerning
12the duty of support, the legal custody and guardianship of the child, periods of
13physical placement, the furnishing of bond or other security for the payment of the
14judgment, or any other matter in the best interest of the child.
Unless the court
15orders otherwise, if If there is no presumption of paternity under s. 891.41
(1) and
16the father does not request custody of the child, the mother shall have sole legal
17custody of the child.
If the father requests custody of the child, the court shall
18determine legal custody in the manner provided in s. 767.24 (1) to (3) and (5). The
19court shall determine physical placement rights in the manner provided in s. 767.24
20(1), (4) and (5). The court shall order either party or both to pay for the support of
21any child of the parties who is less than
18 years old, or any child of the parties who
22is less than 19 years old
and if the child is pursuing an accredited course of
23instruction leading to the acquisition of a high school diploma or its equivalent. The
24judgment or order may direct the father to pay or contribute to the reasonable
25expenses of the mother's pregnancy and confinement during pregnancy and may
1direct either party to pay or contribute to the costs of genetic tests, attorney fees and
2other costs. Contributions to the costs of genetic tests shall be paid to the county
3which paid for the genetic tests.
AB100, s. 5075
4Section
5075. 767.51 (3m) (c) 1. of the statutes is amended to read:
AB100,1880,205
767.51
(3m) (c) 1. In directing the manner of payment of a child's health care
6expenses, the court may order that payment, including payment for health insurance
7premiums, be withheld from income and sent to the appropriate health care insurer,
8provider or plan, as provided in s. 767.265 (3h), or sent to the
clerk of court or support
9collection department or its designee, whichever is appropriate, for disbursement to
10the person for whom the payment has been awarded if that person is not a health care
11insurer, provider or plan. If the court orders income withholding and assignment for
12the payment of health care expenses, the court shall send notice of assignment in the
13manner provided under s. 767.265 (2r) and may include the notice of assignment
14under this subdivision with a notice of assignment under s. 767.265. The
clerk of
15court department or its designee, whichever is appropriate, shall keep a record of all
16moneys received and disbursed by the
clerk department or its designee for health
17care expenses that are directed to be paid to the
clerk and the support collection
18designee shall keep a record of all moneys received and disbursed by the support
19collection designee for health care expenses that are directed to be paid to the support
20collection department or its designee.
AB100, s. 5076
21Section
5076. 767.51 (3m) (d) 2. of the statutes is amended to read:
AB100,1880,2422
767.51
(3m) (d) 2. Provide family coverage of health care expenses for the child,
23if eligible for coverage, upon application by the parent, the child's other parent, the
24department or the county
designee child support agency under s. 59.53 (5).
AB100, s. 5077
1Section
5077
. 767.51 (3m) (d) 2. of the statutes, as affected by 1997 Wisconsin
2Act .... (this act), is amended to read:
AB100,1881,63
767.51
(3m) (d) 2. Provide family coverage of health care expenses for the child,
4if eligible for coverage, upon application by the parent, the child's other parent, the
5department or the county child support agency under s. 59.53 (5)
, or upon receiving
6a notice under par. (f) 1.
AB100, s. 5078
7Section
5078. 767.51 (3m) (d) 2m. of the statutes is created to read:
AB100,1881,118
767.51
(3m) (d) 2m. Inform the county child support agency under s. 59.53 (5)
9when coverage of the child under the health benefit plan is in effect and, upon
10request, provide copies of necessary program or policy identification to the child's
11other parent.
AB100, s. 5079
12Section
5079. 767.51 (3m) (f) of the statutes is created to read:
AB100,1881,1613
767.51
(3m) (f) 1. If a parent who has been ordered by a court to provide
14coverage of the health care expenses of a child changes employers, the county child
15support agency under s. 59.53 (5) shall provide notice of the order to the new
16employer and to the parent.
AB100,1882,217
2. The notice provided to the parent shall inform the parent that coverage for
18the child under the new employer's health benefit plan will be in effect upon the
19employer's receipt of the notice. The notice shall inform the parent that he or she
20may, within 10 days after receiving the notice, by motion request a hearing before the
21court on the issue of whether the order to provide coverage of the child's health care
22expenses should remain in effect. A motion under this subdivision may be heard by
23a family court commissioner. If the parent requests a hearing and the court or family
24court commissioner determines that the order to provide coverage of the child's
1health care expenses should not remain in effect, the court shall provide notice to the
2employer that the order is no longer in effect.
AB100, s. 5080
3Section
5080. 767.51 (4g) of the statutes is amended to read:
AB100,1882,74
767.51
(4g) In determining child support payments, the court may consider all
5relevant financial information or other information relevant to the parent's earning
6capacity, including information reported
under s. 49.22 (2m) to the department
, or
7the county child
and spousal support agency
, under s.
49.22 (2m) 59.53 (5).
AB100, s. 5081
8Section
5081. 767.51 (5p) (intro.) of the statutes is amended to read:
AB100,1882,169
767.51
(5p) (intro.) A party ordered to pay child support under this section
10shall pay simple interest at the rate of 1.5% per month on any amount unpaid,
11commencing the first day of the 2nd month after the month in which the amount was
12due. Interest under this subsection is in lieu of interest computed under s. 807.01
13(4), 814.04 (4) or 815.05 (8) and is paid to the
clerk of court or support collection 14department or its designee under s. 767.29. Except as provided in s. 767.29 (1m), the
15clerk of court or support collection department or its designee, whichever is
16appropriate, shall apply all payments received for child support as follows:
AB100, s. 5082
17Section
5082. 767.51 (5p) (a) of the statutes is amended to read:
AB100,1882,2318
767.51
(5p) (a) First, to payment of child support due within the calendar
19month during which the payment is withheld from income under s. 767.265 or under
20similar laws of another state. If payment is not made through income withholding,
21the
clerk or support collection department or its designee, whichever is appropriate,
22shall first apply child support payments received to payment of child support due
23within the calendar month during which the payment is received.
AB100, s. 5083
24Section
5083. 767.52 (2m) of the statutes is amended to read:
AB100,1883,5
1767.52
(2m) Representation by an attorney appointed under sub. (1) shall be
2provided only after the results of any genetic tests
that were ordered by the court 3have been completed and only if all of the results fail to show that the alleged father
4is excluded and fail to give rise to the rebuttable presumption under s. 767.48 (1m)
5that the alleged father is the father of the child.
genetic
AB100, s. 5084
6Section
5084. 767.62 of the statutes is repealed and recreated to read:
AB100,1883,11
7767.62 Voluntary acknowledgment of paternity. (1) Conclusive
8determination of paternity. A statement acknowledging paternity that is on file
9with the state registrar under s. 69.15 (3) (b) 3. after the last day on which a person
10may timely rescind the statement, as specified in s. 69.15 (3m), is a conclusive
11determination, which shall be of the same effect as a judgment, of paternity.
AB100,1883,14
12(2) Rescission of acknowledgment. (a) Any person who signs a statement
13acknowledging paternity that is filed with the state registrar under s. 69.15 (3) (b)
143. may rescind the statement as provided in s. 69.15 (3m).
AB100,1883,1915
(b) If a statement acknowledging paternity is timely rescinded by either person
16who signed the statement, a court or family court commissioner may not enter an
17order specified in sub. (4) with respect to the man who signed the statement unless
18the man is adjudicated the child's father using the procedures set forth in ss. 767.45
19to 767.60.
AB100,1883,23
20(3) Actions when paternity acknowledged. (a) An action affecting the family
21under s. 767.02 (1) (e), (f) or (k) may be brought with respect to persons who, with
22respect to a child, jointly signed and filed with the state registrar under s. 69.15 (3)
23(b) 3. a statement acknowledging paternity that has not been timely rescinded.
AB100,1884,224
(b) Except as provided in s. 767.045, in an action specified in par. (a) the court
25or family court commissioner may appoint a guardian ad litem for the child and shall
1appoint a guardian ad litem for a party who is a minor, unless the minor party is
2represented by an attorney.
AB100,1884,22
3(4) Orders when paternity acknowledged. (a) In an action under sub. (3) (a),
4if the persons who signed and filed the statement acknowledging paternity had
5notice of the hearing, the court or family court commissioner may make an order that
6contains any provision directed against the appropriate party to the proceeding
7concerning the duty of support, the legal custody or guardianship of the child, periods
8of physical placement, the furnishing of bond or other security for the payment of
9amounts under the order or any other matter in the best interest of the child. If there
10is no presumption of paternity under s. 891.41 (1) and the father does not request
11custody of the child, the mother shall have sole legal custody of the child. If the father
12requests custody of the child, the court or family court commissioner shall determine
13legal custody in the manner provided in s. 767.24 (1) to (3) and (5). The court or family
14court commissioner shall determine physical placement rights in the manner
15provided in s. 767.24 (1), (4) and (5). The court or family court commissioner shall
16order either party or both to pay for the support of any child of the parties who is less
17than 18 years old, or any child of the parties who is less than 19 years old if the child
18is pursuing an accredited course of instruction leading to the acquisition of a high
19school diploma or its equivalent. The order may direct the father to pay or contribute
20to the reasonable expenses of the mother's pregnancy and confinement during
21pregnancy and may direct either party to pay or contribute to the costs of attorney
22fees or other costs.
AB100,1884,2423
(b) 1. In this paragraph, "health insurance" does not include medical assistance
24provided under subch. IV of ch. 49.
AB100,1885,16
12. In addition to ordering child support for a child under par. (a), the court or
2family court commissioner shall specifically assign responsibility for and direct the
3manner of payment of the child's health care expenses. In assigning responsibility
4for a child's health care expenses, the court or family court commissioner shall
5consider whether a child is covered under a parent's health insurance policy or plan
6at the time the court enters an order under this paragraph, the availability of health
7insurance to each parent through an employer or other organization, the extent of
8coverage available to a child and the costs to the parent for the coverage of the child.
9A parent may be required to initiate or continue health care insurance coverage for
10a child under this subdivision. If a parent is required to do so, he or she shall provide
11copies of necessary program or policy identification to the other parent and is liable
12for any health care costs for which he or she receives direct payment from an insurer.
13This paragraph may not be construed to limit the authority of the court or family
14court commissioner to enter or modify support orders containing provisions for
15payment of medical expenses, medical costs, or insurance premiums that are in
16addition to and not inconsistent with this paragraph.
AB100,1886,717
3. a. In directing the manner of payment of a child's health care expenses, the
18court or family court commissioner may order that payment, including payment for
19health insurance premiums, be withheld from income and sent to the appropriate
20health care insurer, provider or plan, as provided in s. 767.265 (3h), or sent to the
21clerk of court or support collection designee, whichever is appropriate, for
22disbursement to the person for whom the payment has been awarded if that person
23is not a health care insurer, provider or plan. If the court or family court
24commissioner orders income withholding and assignment for the payment of health
25care expenses, the court or family court commissioner shall send notice of
1assignment in the manner provided under s. 767.265 (2r) and may include that notice
2of assignment with a notice of assignment under s. 767.265. The clerk of court shall
3keep a record of all moneys received and disbursed by the clerk for health care
4expenses that are directed to be paid to the clerk and the support collection designee
5shall keep a record of all moneys received and disbursed by the support collection
6designee for health care expenses that are directed to be paid to the support collection
7designee.
AB100,1886,188
b. If the court or family court commissioner orders a parent to initiate or
9continue health insurance coverage for a child under a health insurance policy that
10is available to the parent through an employer or other organization but the court
11or family court commissioner does not specify the manner in which payment of the
12health insurance premiums shall be made, the clerk of court may provide notice of
13assignment in the manner provided under s. 767.265 (2r) for the withholding from
14income of the amount necessary to pay the health insurance premiums. That notice
15of assignment may be sent with or included as part of any other notice of assignment
16under s. 767.265, if appropriate. A person who receives the notice of assignment shall
17send the withheld health insurance premiums to the appropriate health care
18insurer, provider or plan, as provided in s. 767.265 (3h).
AB100,1886,2319
4. If the court or family court commissioner orders a parent to provide coverage
20of the health care expenses of the parent's child and the parent is eligible for family
21coverage of health care expenses under a health benefit plan that is provided by an
22employer on an insured or on a self-insured basis, the employer shall do all of the
23following:
AB100,1887,3
1a. Permit the parent to obtain family coverage of health care expenses for the
2child, if eligible for coverage, without regard to any enrollment period or waiting
3period restrictions that may apply.
AB100,1887,64
b. Provide family coverage of health care expenses for the child, if eligible for
5coverage, upon application by the parent, the child's other parent, the department
6or the county child support agency under s. 59.53 (5).
AB100,1887,137
c. After the child has coverage under the employer's health benefit plan, and
8as long as the parent is eligible for family coverage under the employer's health
9benefit plan, continue to provide coverage for the child unless the employer receives
10satisfactory written evidence that the order of the court or family court commissioner
11is no longer in effect or that the child has coverage of health care expenses under
12another health insurance policy or health benefit plan that provides comparable
13coverage of health care expenses.
AB100,1887,2014
5. a. If a parent who has been ordered by a court or family court commissioner
15to provide coverage of the health care expenses of a child who is eligible for medical
16assistance under subch. IV of ch. 49 receives payment from a 3rd party for the cost
17of services provided to the child but does not pay the health care provider for the
18services or reimburse the department or any other person who paid for the services
19on behalf of the child, the department may obtain a judgment against the parent for
20the amount of the 3rd party payment.
AB100,1887,2221
b. Section 767.265 (4) applies to a garnishment based on a judgment obtained
22under subd. 5. a.
AB100,1888,523
(c) 1. In making an order of legal custody under par. (a), the court or family court
24commissioner shall require a parent who is not granted legal custody to provide to
25the court medical and medical history information that is known to the parent. If the
1court or family court commissioner orders joint legal custody, the court or family
2court commissioner shall require each parent to provide to the court medical and
3medical history information that is known to the parent. The court shall keep the
4information confidential and may release it only as provided in this paragraph. The
5information provided shall include all of the following:
AB100,1888,126
a. The known medical history of the parent providing the information,
7including specific information about stillbirths or congenital anomalies in the
8parent's family, and the medical histories, if known, of the parents and siblings of the
9parent and any sibling of the child who is a child of the parent, except that medical
10history information need not be provided for a sibling of the child if the parent or
11other person who is granted legal custody of the child also has legal custody,
12including joint legal custody, of that sibling.
AB100,1888,1413
b. A report of any medical examination that the parent providing the
14information had within one year before the date of the order.
AB100,1888,2215
2. Upon the joint written request of a physician and a parent or other person
16with legal custody of the child, the court shall release the information provided under
17subd. 1. to a physician designated in the request. The physician joining in the request
18need not be the same physician designated in the request. The physician to whom
19the information is released shall keep the information confidential, but may release
20to the parent or other person with legal custody who made the request under this
21subdivision only that portion of the information that the physician determines is
22relevant to the child's medical condition.
AB100,1888,2523
(d) 1. Except as provided in par. (e), the court or family court commissioner shall
24determine child support payments under par. (a) by using the percentage standard
25established by the department under s. 49.22 (9).
AB100,1889,5
12. In determining child support payments under par. (a), the court or family
2court commissioner may consider all relevant financial information or other
3information relevant to the parent's earning capacity, including information
4reported under s. 49.22 (2m) to the department or the county child support agency
5under s. 59.53 (5).
AB100,1889,116
3. Support orders under par. (a) ordinarily shall be for periodic payments which
7may vary in amount if appropriate. The payment amount may be expressed as a
8percentage of the parent's income or as a fixed sum, or as a combination of both in
9the alternative by requiring payment of the greater or lesser of either a percentage
10of the parent's income or a fixed sum. The father's liability for past support of the
11child shall be limited to support for the period after the birth of the child.
AB100,1889,1612
(e) Upon request by a party, the court or family court commissioner may modify
13the amount of child support payments determined under par. (d) if, after considering
14the following factors, the court or family court commissioner finds by the greater
15weight of the credible evidence that use of the percentage standard is unfair to the
16child or to the requesting party:
AB100,1889,1717
1. The needs of the child.
AB100,1889,1918
2. The physical, mental and emotional health needs of the child, including any
19costs for health insurance as provided for under par. (b).
AB100,1889,2320
3. The standard of living and circumstances of the parents, including whether
21a parent receives maintenance payments under s. 767.26 and the needs of each party
22in order to support himself or herself at a level equal to or greater than that
23established under
42 USC 9902 (2).
AB100,1889,2424
4. The relative financial means of the parents.
AB100,1890,3
15. The earning capacity of each parent, based on each parent's education,
2training and work experience and based on the availability of work in or near the
3parent's community.
AB100,1890,44
6. The need and capacity of the child for education, including higher education.
AB100,1890,55
7. The age of the child.
AB100,1890,66
8. The financial resources and the earning ability of the child.
AB100,1890,77
9. Any physical custody arrangement ordered or decided upon.